Cervical spinous process staple

ABSTRACT

Thoracic/lumbar and cervical spinous process staples which staple/fuse adjacent spinous processes are disclosed. Thoracic/lumbar transverse process staples which staple/fuse adjacent transverse processes are also disclosed. Each embodiment has upper and lower claws connected by a ratchet spring mechanism, along with a multiplicity of bone fastener prongs attached to the upper and lower claws. Two sets of prongs on each staple claw are spaced by a distance approximately equal to the distance separating adjacent spinous or transverse processes so as to facilitate stapling/fusion of two adjacent processes. Also disclosed are staple prongs with multiple perforations which enable incorporation of bone fusion material thereby facilitating stapling/fusion of spinal elements.

CROSS-REFERENCE TO RELATED APPLICATIONS

This application is a Continuation of Ser. No. 13/101,135, filed May 4,2011 (Attorney Docket No. 3003/0110PUS2) and of Ser. No. 13/101,129,filed May 4, 2011 (Attorney Docket No. 3003/0110PUS1) both of which areContinuation-In-Part applications of co-pending application Ser. No.12/471,345, filed on May 22, 2009 (Attorney Docket No. 3003/0107PUS3)and co-pending application Ser. No. 12/471,340, filed on May 22, 2009(Attorney Docket No. 3003/0107PUS2), each of which is aContinuation-In-Part application of co-pending application Ser. No.12/054,335, filed on Mar. 24, 2008 (Attorney Docket No. 3003/0107PUS1),which is a Continuation-In-Part of application Ser. No. 11/842,855,filed on Aug. 21, 2007 (Attorney Docket No. 3003/0105PUS1), which is aContinuation-In-Part of application Ser. No. 11/536,815, filed on Sep.29, 2006 (now U.S. Pat. No. 7,846,188; Attorney Docket No.3003/0104PUS2), which is a Continuation-In-Part of application Ser. No.11/208,644, filed on Aug. 23, 2005 (now U.S. Pat. No. 7,704,279;Attorney Docket No. 3003/0104PUS1), and this application also claimspriority under 35 U.S.C. 119(e) of U.S. Provisional Application No.60/670,231, filed on Apr. 12, 2005 (Attorney Docket No. 3003/0102PR01),U.S. Provisional Application No. 61/419,679, filed on Dec. 3, 2010(Attorney Docket No. 3003/0110PR01), and U.S. Provisional ApplicationNo. 61/425,749, filed on Dec. 21, 2010 (Attorney Docket No.3003/0110PR02); the entire contents of all the above identified patentapplications are hereby incorporated by reference in their entirety.

This application also is a Continuation of Ser. No. 14/257,650, filedApr. 21, 2014 (Attorney Docket No. 3003/0107PUS15), which is aDivisional application of Ser. No. 12/471,340 filed May 22, 2009, whichis a Continuation-In-Part application of application Ser. No. 12/054,335filed on Mar. 24, 2008, now U.S. Pat. No. 7,972,363 issued Jul. 5, 2011,which is a Continuation-In-Part of application Ser. No. 11/842,855,filed on Aug. 21, 2007, now U.S. Pat. No. 7,942,903 issued May 17, 2011,which is a Continuation-In-Part of application Ser. No. 11/536,815,filed on Sep. 29, 2006, now U.S. Pat. No. 7,846,188 issued Dec. 7, 2010,which is a Continuation-In-Part of application Ser. No. 11/208,644,filed on Aug. 23, 2005, now U.S. Pat. No. 7,704,279 issued Apr. 27,2010, and this application also claims priority under 35 U.S.C. §119(e)of U.S. Provisional Application No. 60/670,231, filed on Apr. 12, 2005;the entire contents of all of the above identified patent applicationsare hereby incorporated by reference in their entirety.

FIELD OF DISCLOSURE

The present invention relates to stand-alone or supplemental cervical,thoracic and lumbosacral Spinous Process (SP) interarticulating staples,and thoracic/lumbosacral Transverse Process (TP) interarticulatingstaples. Both the SP and TP interarticulating staples can be surgicallyimplanted and function independently as stand-alone spinal segmentalfusion devices and/or can be employed supplementally in tandem with eachother, and/or supplementally in tandem with facet joint (FJ)interarticulating staples according to the above-referenced relatedapplications of Applicants, and/or supplementally with other knownfusion devices to achieve stable spinal fusion. The embodiments of theseinventions may obviate and/or lessen the need for posterior supplementalpedicle screw fixation, as well as anterior or lateral platefixation/instrumentation, and thereby achieve a safer and more minimallyinvasive method of achieving spinal segmental fixation/fusion.

The present invention also relates to staple prongs with multipleperforations which allow packing of bone and/or bone growth materialwithin the prongs thereby facilitating the integration/fusion of thedevice to the spine, minimizing and/or preventing implant extrusion, andpromoting bone fusion.

BACKGROUND

The history and evolution of instrumented spinal fusion in the entirehuman spine has been reviewed in related pending application Ser. No.12/471,345, filed on May 22, 2009, application Ser. No. 12/471,340,filed on May 22, 2009, Ser. No. 12/054,335 filed on Mar. 24, 2008, Ser.No. 11/842,855, filed on Aug. 21, 2007, Ser. No. 11,536,815 filed onSep. 29, 2006, and Ser. No. 11/208,644 filed on Aug. 23, 2005, thecontents of which are hereby incorporated by reference in theirentirety.

Conventionally, the majority of posterior cervical, and posterior andlateral, thoracic and lumbosacral fusion techniques, as well as anteriorand/or lateral thoracic/lumbosacral fusion techniques are typicallysupplemented with pedicle screw placement.

Complications of pedicle screw placement in the spine include durationof procedure, significant tissue dissection and muscle retraction,misplaced screws with neural and/or vascular injury, excessive bloodloss, need for transfusions, prolonged recovery, incomplete return towork, and excessive rigidity leading to adjacent segmental diseaserequiring further fusions and re-operations.

Recent advances in pedicle screw fixation including minimally invasive,and stereotactic CT image-guided technology, and the development offlexible rods, imperfectly address some but not all of these issues.

Complications of anterior plating/instrumentation in the anterior lumbarspine include potential devastating injury to the major vessels due tochronic vascular erosion of major vessels, or acute vascular injuriesdue to partial or complete plate and or screw pull-out. Recent advancesincluding diminishing plate width and/or profile, and absorbableplates/screws, imperfectly address some, but not all of these issues.

Furthermore, for re-do surgeries, plate removal can be arduous withpotential complications of vascular, and/or neural injury and screwbreakage.

Lateral access to the lumbosacral spine can be complicated by damage tothe genitofemoral nerve. Sensory and motor evoked potential monitoringduring this surgery imperfectly address some but not all of theseissues.

SUMMARY

The above-referenced related applications of Applicants describe spinalfacet joint (FJ) interarticulating staples that address and attempt toimprove or resolve the above problems and issues. The exemplaryembodiments of the invention described herein are modifications of thefacet joint (FJ) stapling device of the above-referenced relatedapplications of Applicants and which are specifically adapted to executeadjacent spinal level Spinous Process (SP) and Transverse Process (TP)segmental fixation/fusion and which further address, improve upon,and/or resolve the above-referenced problems. The exemplary embodimentscan further minimize and/or avoid transpedicular, anterior, and lateralspinal fusion instrumentation techniques and thereby avoid theirconcomitant complications and disadvantages which are detailed above.These exemplary embodiments continue to advance minimally invasive andlow risk spinal device technology.

Herein described are multiple exemplary spinal fusion device embodimentsof Spinous Process (SP) and Transverse Process (TP) interarticulatingstaples. These embodiments are exemplarily described forthoracic/lumbosacral SP interarticulating staples, thoracic/lumbosacralTP interarticulating staples, and cervical SP interarticulating staples.

For example, two broadly distinct SP staple embodiments are described;one for thoracic/lumbosacral SP fusion, and one for cervical SP fusion.These two distinctly designed embodiments take into account the inherentanatomical differences between cervical and lumbar SP size, geometry,topography, bone thickness and inter-spinous process distance(s).

Likewise the design of the thoracic/lumbosacral Transverse Process (TP)interarticulating staple embodiment takes into account the uniqueinter-TP distance(s), and the geometric contour, topography, and bonethickness of the TP compared to the SP elements.

The present disclosure recognizes the aforementioned problems withconventional apparatuses and solves these problems by, among otherthings, improving upon the designs illustrated in the aforementionedrelated applications. The present disclosure provides an advancedminimally invasive and low risk method of segmental spinal fusion viathe use of interarticulating SP and TP stapling devices.

The exemplary embodiments of SP and TP fixating stapling devicesdescribed herein, and the FJ stapling device, described in theabove-referenced related applications of Applicants, each canindependently or in various combinations of co-supplemental applicationprovide as strong or stronger segmental fusion as pedicle screws withoutthe complications arising from pedicle screw placement, which includescrew misplacement with potential nerve and/or vascular injury,violation of healthy facets, possible pedicle destruction, blood loss,and overly rigid fusions.

The stapling/fusion of adjacent SPs and/or TPs, and/or FJs can minimizeor avoid, and hence minimize or prevent, destruction of healthy facetjoints. Because the embodiments avoid fusion of anterior, middle andposterior columns, as do pedicle screws, the exemplary embodiments inessence create more flexible, i.e. less rigid, fusion, and hencediminish the possibility of adjacent level disease, and thus theprobability of further operations requiring fusion extensions, i.e.re-operations.

The present disclosure recognizes that the very advantage oftranspedicular screws which facilitate a strong solid fusion by rigidlyengaging all three spinal columns is the same mechanical mechanismwhereby complete inflexibility of all columns is incurred, therebyleading to increasing rostral and caudal segmental stress which leads toincreased rates of reoperation.

The present disclosure also recognizes that SP and TP stapling/fusionwhether performed via open, endoscopic, or percutaneous fluoroscopicallyguided surgical techniques lead to a more flexible fusion, far lessmuscle retraction, blood loss and significant reduction in operatingroom time. Thus, the complication(s) of pedicle screw pull-out, andhence the high re-operation rate associated with conventional flexiblepedicle screws/rods is obviated. Although one could opt to supplementthese constructs with pedicle screws, there would be no absolute need todo so with the operative devices described herein.

The exemplary embodiments for both SP and TP staples can be used toperform multiple levels of fusion engaging a series of adjacent pair ofSPs and TPs with one staple per unit of two adjacent elements. Theseembodiments can be employed to adjoin (fuse) multiple levels of SPs andTPs in incremental spinal process units of two.

Both SP and TP staples can also be modified (elongated) to staple/fusethree or more spinal elements using a single staple.

The further advantages of SP and TP stapling throughout the spineinclude speed and safety. Insertion of these devices does not involveand hence does not traverse neural/vascular structures, and hence therisk of neural or vascular injury is entirely avoided.

The relative speed of insertion, and safety of these devices conferredby their capacity to be inserted via percutaneous, open, or minimallyinvasive techniques, with or without endoscopic or fluoroscopicguidance, minimizes overall surgical risks. Thus, the performance of SPand TP stapling/fusion is amenable to an outpatient setting which wouldalleviate the economic burden of spinal fusion surgery.

For example, in an exemplary embodiment, a thoracic/lumbosacral SpinousProcess (SP) staple may include a top claw and a bottom claw with aplurality of ridges, a staple pin pivotally connecting the top claw andthe bottom claw, and a ratchet mechanism that limits an opening force ofthe top claw with respect to the bottom claw. The ratchet mechanism mayinclude a ratchet pin pivotably-mounted to the top claw, wherein theclaws can include a plurality of claw teeth which interdigitate witheach other, and the ratchet pin can include a flexure spring engagingthe plurality of ratchet teeth. The plurality of claw ridges can helpincorporate the staple into the bone.

The top and bottom claws of the staple may also include a plurality ofprongs. Further, two sets of upper and lower claw prongs may be utilizedto penetrate each thoracic/lumbosacral SP. The distance between the twosets of upper and lower claw prongs can be the average distance betweenthe lumbar SPs. The two sets of upper and lower claw prongs can bemanufactured with varying interspinous distances accounting for varyingintra and inter-patient anatomical differences.

In an exemplary embodiment, a total of sixteen prongs may be utilized;eight prongs per SP unit. Further, a total of eight prongs on the upperclaw and eight prongs on the lower jaw may be utilized; four prongs onthe upper claw for penetration of each SP and four prongs on the lowerclaw for penetration of each SP. Upon clamping (e.g., completelyclamping) the staple on two adjacent SPs, a total of eight prongs canpenetrate each SP; four from the upper claw, and four from the bottomclaw. The two sets of prongs per SP unit can be spaced apart on theupper and lower claws at a distance equal to the interspinous processdistance such that the claws will engage and perforate each adjacent SP.

Other exemplary embodiments of staple prongs, including solid-straight,solid-curved, perforated-straight and perforated-curved are describedherein and are contemplated by the present invention.

The perforated prongs may include multiple perforations within theprongs themselves which can allow the packing of autologous, orallograft bone, bone putty, bone morphogenic protein, bmp, bone marrowaspirate or any biological or synthetic material which promotes bonefusion. Further, these embodiments can facilitate integration of thedevice into the bone and promote bony fusion.

The exemplary embodiments having curved or straight prong(s) can beselected based on anatomical variations and surgical preference.

In another exemplary embodiment, a thoracic/lumbosacral TransverseProcess (TP) staple may include a top claw and a bottom claw with aplurality of ridges, a staple pin pivotally connecting the top claw andthe bottom claw, and a ratchet mechanism that limits an opening force ofthe top claw with respect to the bottom claw. The ratchet mechanism mayinclude a ratchet pin pivotably mounted to the top claw. The claws mayinclude a plurality of interdigitating claw teeth, and the ratchet pincan include a flexure spring engaging the plurality of ratchet teeth.The plurality of claw ridges can help incorporate the staple into thebone.

The top and bottom claws of the TP staple may also include a pluralityof prongs. Further, there may be two sets of upper and lower claw prongswhich can penetrate each TP unit. The distance between the two sets ofprongs on the upper and lower claws can be the average distance betweenlumbar TPs. The two sets of upper and lower claw prongs can bemanufactured with varying inter-TP distances accounting for varyingintra and inter-patient anatomical differences. The staple claws can becontoured to hug the transverse processes and can have two sets ofprongs separated by the inter-TP distance. In an embodiment, four prongsmay penetrate each TP unit; two prongs can be located on the upper clawand two opposing prongs can be located on the lower claw which mayengage and perforate each TP. When the staple is clamped (i.e., fullyclamped or closed) on two adjacent TPs, a total of four prongs canengage each TP.

Other exemplary embodiments of staple prongs, including solid-straight,solid-curved, perforated-straight and perforated-curved are describedherein and are contemplated by the present invention.

An embodiment having perforated prongs may include multiple perforationswithin the prongs themselves which can allow the packing of autologous,or allograft bone, bone putty, bone morphogenic protein, bmp, bonemarrow aspirate or any biological or synthetic material which promotesfusion. These embodiments may facilitate integration of the device intothe bone thereby facilitating bony fusion.

Embodiments having curved or straight prong(s) can be selected based onanatomical variations and surgical preference.

In another exemplary embodiment, a cervical Spinous Process (SP) staplemay include a top claw and a bottom claw including a plurality ofridges, a staple pin pivotally connecting the top claw and the bottomclaw, and a ratchet mechanism that can limit an opening force of the topclaw with respect to the bottom claw. The ratchet mechanism may includea ratchet pin pivotably mounted to the top claw. The claws can include aplurality of claw teeth, and the ratchet pin may include a flexurespring engaging the plurality of ratchet teeth. The plurality of ridgesmay help incorporate the staple into the bone.

The cervical SP staple may be formed to hug the contour of the SPs.Further, the cervical SP staple can be inserted from above because ofthe limited interspinous distance. The two opposing proximal elements ofthe cervical staple may be curved to avoid depressing the tips of thespinous processes, and the claws can be contoured to be flush with anyunique cervical spinous process slope and geometry.

The top and bottom claws of the cervical staple may include a pluralityof prongs. The cervical staple may include two sets of upper and lowerclaw prongs for penetration of each cervical SP. The distance betweenthe upper and lower sets of prongs can be the average distance betweentwo adjacent cervical SPs, and can be manufactured with varyinginterspinous distances accounting for varying intra and inter-patientanatomical differences. The cervical staple may include four prongswithin the staple. The cervical staple may include two sets of prongs;one set per penetration of each SP. For each set, one prong can belocated on the upper claw and one prong can be located on the lowerclaw. When the staple is closed (i.e., clamped), two prongs mayengage/penetrate each cervical SP; one from the top claw, and one fromthe lower claw.

Other exemplary embodiments of staple prongs, including solid-straight,solid-curved, perforated-straight and perforated-curved are describedherein and are contemplated by the present invention.

The perforated prongs may include multiple perforations within theprongs themselves which can allow the packing of autologous, orallograft bone, bone putty, bone morphogenic protein, bmp, bone marrowaspirate or any biological or synthetic material which promotes fusion.These embodiments may facilitate integration of the device into the SPthereby facilitating bony fusion.

The exemplary embodiments having curved or straight prong(s) can beselected based on anatomical variations and surgical preference.

The exemplary embodiment of the Spinous Process (SP) staple withinterlocking-interdigitating hemi-spacers whether performed via open,endoscopic, or percutaneous fluoroscopically guided surgical techniqueswhen compared to a laminectomy with or without fusion entails far lessmuscle retraction, blood loss and significant reduction in operatingroom time. Thus, the complications of nerve and or vascular injury,facet joint violation, worsening spinal instability, and pedicle screwpull out, are all obviated. When compared to the X-Stop and similardevices, surgical application of this single-piece device (uponapplication) utilizes a solitary one-step procedure thereby enhancingits minimal invasive utility, and further economizes operating roomtime. It can be done under local anesthesia in an out-patient setting.

The exemplary embodiment of this device can be used to perform multiplelevels of distraction engaging a series of adjacent pair of SPs with onestaple per unit of two adjacent elements. These embodiments can beemployed to adjoin, separate and distract multiple levels of SPs inincremental spinal process units of two.

For example, an exemplary embodiment of the SP staple withinterlocking-interdigitating hemi-spacers may include a top claw and abottom claw with a plurality of ridges, a staple pin pivotallyconnecting the top claw and the bottom claw, and a ratchet mechanismthat limits an opening force of the top claw with respect to the bottomclaw. The ratchet mechanism includes a ratchet pin pivotably mounted tothe top claw, wherein the claws include a plurality of claw teeth whichinterdigitate with each other, and wherein the ratchet pin includes aflexure spring engaging the plurality of ratchet teeth. The plurality ofclaw ridges helps incorporate it into the bone.

The staple's top and bottom claws may also include a plurality ofprongs. Further, there may be two sets of upper and lower claw prongsdesigned for penetration of each SP. The distance between these two setsof prongs is the average distance between lumbar SPs. The staple can bemanufactured with varying interspinous distances to address varyingintra and inter-patient anatomical differences.

In an embodiment, a total of sixteen prongs may be utilized; eightprongs per SP unit. Further, a total of eight prongs on the upper clawand eight prongs on the lower jaw may be utilized; four prongs on theupper claw for penetration of each SP and four prongs on the lower clawfor penetration of each SP. The staple on two adjacent SPs may beclamped using a total of eight prongs to penetrate each SP; four fromthe upper claw, and four from the bottom claw. The two sets of prongsper SP unit can be spaced apart on the upper and lower claws at adistance equal to the interspinous process distance such that the clawswill engage and perforate each adjacent SP. Other embodiments mayutilize multiple variations of the number and precise location of theprongs.

In between the two sets of prongs on the upper and lower claws is arectangular hemi-spacer that can be attached to each claw with a screwand can be positioned to act as a wedge occupying the inter-spinousspace in between adjacent SPs. The hemi-spacers on opposing staple clawsare designed with mirror image interlocking protrusions, and protrusionreceptacles allowing their co-mating and thus unification. Thus, whenthe upper and lower claws of the SP staple unite, and their prongsperforate adjacent SPs, the hemi-spacers interdigitate, interlock, andunite forming a single interspinous process wedge spacer which maintainsseparation/distraction between SPs, thereby alleviating spinal canalcompression thus alleviating lumbar stenosis.

The hemi-spacers can be attached to each claw of the staple via a screw.Depending on the interspinous distance, and the degree of desired SPseparation/distraction, different sized hemi-spacers can bepreferentially attached to each claw to account for inter- andintra-patient anatomical variability. The size can vary in height,length and width. The staples can be manufactured with built-innon-removable hemi-spacers. The hemi-spacers may be any suitablegeometric shape to achieve SP separation e.g., square, elliptical,ovoid, triangular, pentagonal, hexagonal, or others. The hemi-spacerinterdigitations can also be composed of sharp penetrating prongs, of aseries of horizontal or vertical extensions which can fit intocorresponding slots, or any similar mating technique which can align andunite two mirror image masses. The hemi-spacers and the staple can bemade of any bio-compatible material.

Furthermore the staples can be manufactured with different claw lengthsand inter-spinous inter-prong distances.

In related pending application Ser. No. 12/471,345, filed on May 22,2009, application Ser. No. 12/471,340, filed on May 22, 2009, Ser. No.12/054,335 filed on Mar. 24, 2008, Ser. No. 11/842,855, filed on Aug.21, 2007, Ser. No. 11,536,815 filed on Sep. 29, 2006, and Ser. No.11/208,644 filed on Aug. 23, 2005, Applicants have described variousexemplary embodiments of staple prongs, including solid-straight,solid-curved, perforated-straight and perforated-curved staple prongs.

Perforated prongs may include multiple perforations within the prongsthemselves which can allow the packing of autologous, or allograft bone,bone putty, bone morphogenic protein, bmp, bone marrow aspirate or anybiological or synthetic material which promotes bone fusion. Further,these embodiments can facilitate integration of the device into the boneand promote bony fusion. The curved or straight prong(s) embodiments canbe selected based on anatomical variations and surgical preference.These embodiments can be applied to this staple as well. Only thesolid-straight embodiment is illustrated here. The other prongembodiments are incorporated here by reference.

The exemplary embodiment of this device can be used to perform multiplelevels of separation/distraction engaging a series of adjacent pair ofSPs with one staple per every incremental unit of two adjacent SPelements.

Yet another exemplary embodiment is directed to a posterior lumbar facetjoint staple, including a top claw, a bottom claw, a staple pinpivotally connecting the top claw and the bottom claw, and a ratchetmechanism that limits an opening force of the top claw with respect tothe bottom claw.

Another exemplary embodiment is directed to a posterior cervical facetjoint staple, including a staple body having a first surface extendingalong a longitudinal axis. The first surface includes a plurality ofprongs and a groove extending along an axis that is perpendicular to thelongitudinal axis and disposed at a center point along the longitudinalaxis.

Another exemplary embodiment is directed to a staple gun for a posteriorlumbar facet joint staple, including a handle having a first grip and asecond grip, a cylinder body having a first end for receiving theposterior lumbar facet joint staple and a second end adjacent to thehandle, a connector that connects the cylinder body to the handle, and aspring return mechanism that biases the first grip and the second gripback to an original position.

Yet another exemplary embodiment is directed to a staple gun for aposterior cervical facet joint staple, including a handle, a stapleguide having a first end for receiving the posterior cervical facetjoint staple and a second end mounted to the handle, a plurality ofsupports disposed on each side of the first end of the staple guide, andfor engaging the posterior cervical facet joint staple, a staple plungerdisposed in the staple guide. The staple plunger has a first end forcontacting the posterior cervical facet joint staple and a second endthat is adjacent to the handle. The plunger is translatable between alocked position and an unlocked position. The staple gun furtherincludes a torsional spring that applies force to the second end of theplunger along a direction of translation of the plunger from the lockedposition to the unlocked position, and a trigger assembly mounted to thehandle for releasing the torsional spring and plunger from the lockedposition.

Another exemplary embodiment is directed to a method of inserting abi-directional fixating transvertebral (BDFT) screw/cage apparatusbetween a first vertebral body and a second vertebral body. The methodincludes measuring a dimension of a disc space between the firstvertebral body and the second vertebral body, determining that the discspace is a posterior lumbar disc space, an anterior lumbar disc space,or an anterior cervical disc space, selecting an intervertebral cagebased on the measured dimension of the disc space and based on thedetermination of the disc space being the posterior lumbar disc space,the anterior lumbar disc space, or the anterior cervical disc space,inserting the selected intervertebral cage into a midline of the discspace until the selected intervertebral cage is flush or countersunkrelative to the first vertebral body and the second vertebral body,inserting a first screw member into a first internal screw guide of theselected intervertebral cage, inserting a second screw member into asecond internal screw guide of the selected intervertebral cage,screwing the first screw member and the second screw member into thefirst vertebral body and the second vertebral body respectively,confirming a position and placement of the intervertebral cage relativeto the first vertebral body and the second vertebral body, and lockingthe first screw member and the second screw member in a final positionby embedding a portion of the first screw member and the second screwmember into a screw locking mechanism of the selected

The aforementioned related applications described a novel calibratedlumbar/thoracic stapling device which staples the inferior articulatingfacet of the superior spinal segment to the superior articulating facetof the inferior vertebral segment unilaterally or bilaterally, which mayminimize motion until interbody fusion occurs. The present inventionpresents an evolved and lumbar staple gun which is far more userfriendly than previously described embodiments by incorporating a newrelease mechanism, as described in the aforementioned relatedapplications. This new change simplifies the earlier design, andfacilitates easier insertion and removal of the staple decreasing therisk of the staple becoming loose or falling off during an operation.The exemplary staple gun thus makes posterior lumbar facet stapling farmore amenable for percutaneous fluoroscopically guided surgicalstapling.

The aforementioned related applications introduced a novel posteriorcervical facet stapling device which staples the inferior articulatingfacet of the superior cervical segment with the superior articulatingfacet of the inferior cervical segment either unilaterally orbilaterally. The advantage of cervical facet staples is speed andsafety. The risks of cervical facet pedicle screw fixation, whichinclude nerve root and vertebral artery injuries, are completelyobviated by the use of the embodiments of the present invention. Thus,cervical facet staples achieve the same function of cervical pediclescrews without the risks.

Placement of different embodiments of the cervical facet staples whichinclude those with two or four prongs, along unilateral and/or bilateralfacet joints in a modular manner, lead to different degrees ofcalibrated joint motion hence introducing the novel concept ofcalibrated cervical fusion. In the related applications, cervical facetembodiments of a highly evolved cervical staple gun for the two and fourpronged cervical staples were introduced. The staple gun included abuilt-in trigger, trigger spring, spring hook, and return springpolyethylene cushion that improved the strength, ease and speed ofstaple bone penetration. In this application, the embodiments canprovide more simplified and economically efficient staple guns which arevery user friendly and further enhances the application of the cervicalstaple gun also making posterior cervical facet stapling more amenableto a non-invasive, percutaneous surgical procedure.

For example, an exemplary embodiment is directed to a posterior lumbarfacet staple and a staple gun for a posterior lumbar facet staple, and astaple gun for a posterior cervical facet joint staple are provided.

Another exemplary embodiment is directed to a staple gun for a posteriorlumbar facet joint staple gun, including a handle having a first gripand a second grip, a cylinder body having a first end for receiving theposterior lumbar facet joint staple and a second end adjacent to thehandle, a connector that connects the cylinder body to the handle, apuller, an independent puller tip and a return spring. This embodimentis more user friendly making the staple gun easier to load, easier touse, and prevents the staple from falling off during any portion of thesurgery.

Yet another exemplary embodiment is directed to a staple gun for aposterior cervical facet joint staple, including a handle, a retainingspring, a central plunger and a tip. The device can be used with ahammer to apply two or four pronged posterior cervical staples to impactthem into the facets. A central button releases the staple from thespring allowing the staple gun to be reloaded.

BRIEF DESCRIPTION OF THE DRAWINGS

The accompanying drawings are presented to aid in the description ofembodiments of the invention and are provided solely for illustration ofthe embodiments and not limitation thereof.

FIG. 1A illustrates a perspective (lateral) view of thethoracic/lumbosacral Spinous Process (SP) staple in a closed position,according to an exemplary embodiment of the invention.

FIG. 1B illustrates a side perspective (top oblique) view of thethoracic/lumbosacral SP staple in an open position, according to anexemplary embodiment of the invention.

FIG. 1C illustrates a perspective (lateral) view of thethoracic/lumbosacral SP staple in an open position, according to anexemplary embodiment of the invention.

FIG. 1D illustrates an exploded view of the thoracic/lumbosacral SPstaple, according to an exemplary embodiment of the invention.

FIG. 2A illustrates a perspective (top oblique) assembly view of thelumbosacral Spinous Process (SP) staple articulating with two SPs in apartially open (partially clamped) position, according to an exemplaryembodiment of the invention.

FIG. 2B illustrates a perspective (top oblique) assembly view of thelumbosacral SP staple articulating with two SPs in a partially open(partially clamped) position, according to an exemplary embodiment ofthe invention.

FIG. 2C illustrates a perspective (top oblique) assembly view of thelumbosacral SP staple articulating with two SPs in a closed (clamped)position, according to an exemplary embodiment of the invention.

FIG. 2D illustrates a top assembly view of the lumbosacral SP staplearticulating with two SPs in a closed (clamped) position, according toan exemplary embodiment of the invention.

FIG. 2E illustrates a top (posterior-oblique) assembly perspective viewof the lumbosacral SP staple articulating with two SPs in a closed(clamped) position, according to an exemplary embodiment of theinvention.

FIG. 3A illustrates a perspective (lateral) view of thethoracic/lumbosacral Transverse Process (TP) staple in a partiallyclosed (partially clamped) position, according to an exemplaryembodiment of the invention.

FIG. 3B illustrates a perspective (top oblique) view of thethoracic/lumbosacral TP staple in an open (unclamped) position,according to an exemplary embodiment of the invention.

FIG. 3C illustrates a perspective (lateral oblique) view of thethoracic/lumbosacral TP staple in an open (unclamped) position,according to an exemplary embodiment of the invention.

FIG. 3D illustrates an exploded view of the thoracic/lumbosacral TPstaple, according to an exemplary embodiment of the invention.

FIG. 4A illustrates a perspective (side oblique) assembly view of thelumbosacral Transverse Process (TP) staple articulating with two TPs ina partially open (partially clamped) position, according to an exemplaryembodiment of the invention.

FIG. 4B illustrates a perspective (side oblique) assembly view of thelumbosacral TP staple articulating with two TPs in a partially open(partially clamped) position, according to an exemplary embodiment ofthe invention.

FIG. 4C illustrates a perspective (side oblique) assembly view of thelumbosacral TP staple articulating with two TPs in a closed (clamped)position, according to an exemplary embodiment of the invention.

FIG. 4D illustrates a side perspective (posterior oblique) assembly viewof the lumbosacral TP staple articulating with two TPs in a closed(clamped) position, according to an exemplary embodiment of theinvention.

FIG. 5 illustrates a side perspective (posterior-oblique) assembly viewof the thoracic/lumbosacral Spinous Process (SP) and Transverse Process(TP) staples engaging (clamped position) SPs and TPs of two adjacentspinal units, according to an exemplary embodiment of the invention.

FIG. 6A illustrates a side perspective (top oblique) view of thecervical Spinous Process (SP) staple in a partially open (partiallyclamped) position, according to an exemplary embodiment of theinvention.

FIG. 6B illustrates a side perspective view of the cervical SP staple ina partially open (partially clamped) position, according to an exemplaryembodiment of the invention.

FIG. 6C illustrates an exploded view of the cervical SP staple,according to an exemplary embodiment of the invention.

FIG. 7A illustrates a top perspective (side-oblique) assembly view ofthe cervical SP staple articulating with two SPs in a wide openposition, according to an exemplary embodiment of the invention.

FIG. 7B illustrates a top perspective (top oblique) assembly view of thecervical SP staple articulating with two SPs in a closed (clamped)position, according to an exemplary embodiment of the invention.

FIG. 7C illustrates a side assembly view of the cervical SP staplearticulating with two SPs in a closed (clamped) position, according toan exemplary embodiment of the invention.

FIG. 7D illustrates a bottom assembly view of the cervical SP staplearticulating with two SPs in a closed (clamped) position, according toan exemplary embodiment of the invention.

FIG. 8A illustrates a perspective view of the straight-solid stapleprong, according to an exemplary embodiment of the invention.

FIG. 8B illustrates a perspective view of the straight-perforated stapleprong, according to an exemplary embodiment of the invention.

FIG. 8C illustrates a perspective view of the curved-solid staple prong,according to an exemplary embodiment of the invention.

FIG. 8D illustrates a perspective view of the curved-perforated stapleprong, according to an exemplary embodiment of the invention.

FIG. 9A illustrates a bottom perspective view of the straight-perforatedstaple prong, according to an exemplary embodiment of the invention.

FIG. 9B illustrates a bottom perspective view of the curved-perforatedstaple prong, according to an exemplary embodiment of the invention.

FIG. 10A illustrates a perspective (top oblique) view of the SP staplein an open position, according to an exemplary embodiment of theinvention.

FIG. 10B illustrates a perspective (lateral) view of the SP staple in anopen position, according to an exemplary embodiment of the invention.

FIG. 11A illustrates a perspective assembly (top oblique) view of the SPstaple articulating with two SPs in an open position (wide open),according to an exemplary embodiment of the invention.

FIG. 11B illustrates a perspective assembly (top oblique) view of the SPstaple articulating with two SPs in a partially open position (partiallyclamped), according to an exemplary embodiment of the invention.

FIG. 11C illustrates a perspective assembly (top oblique) view of the SPstaple articulating with two SPs in a closed position, according to anexemplary embodiment of the invention.

FIG. 12A illustrates a perspective view of two opposing hemi-spacers,according to an exemplary embodiment of the invention.

FIG. 12B illustrates a perspective view of sequential interdigitation ofopposing hemi-spacers forming a united single interspinous spacer wedge,according to an exemplary embodiment of the invention.

FIGS. 13A-B illustrate a Lumbar facet joint staple with a calibratedratcheting mechanism in opened (FIG. 13A) and closed (FIG. 13B)positions.

FIGS. 14A-B illustrate an embodiment of a posterior lumbar facet staple,flexure spring embodiment in side isometric (FIG. 14A) and exploded(FIG. 14B) views.

FIGS. 15A-C illustrate an embodiment of a posterior lumbar facet staple,torsional spring embodiment in side isometric (FIG. 15A), bottomisometric (FIG. 15B), and exploded (FIG. 15C) views.

FIGS. 16A-C illustrate an embodiment of a Lumbar facet joint staple gunin side (FIG. 16A), exploded (FIG. 16B) and cross-sectional (FIG. 16C)views.

FIGS. 17A-D illustrate an embodiment of a Lumbar facet joint staple gunin side view (FIG. 17A), exploded (FIG. 17B) and cross-sectional (FIG.17C) and front-on (FIG. 17D) view.

FIGS. 18A-B illustrate an embodiment of a posterior lumbar facet staple,flexure spring embodiment in side isometric (FIG. 18A) and exploded(FIG. 18B) views.

FIGS. 19A-C illustrate an embodiment of a posterior lumbar facet staple,torsional spring embodiment in side isometric (FIG. 19A), bottomisometric (FIG. 19B), and exploded (FIG. 19C) views.

DETAILED DESCRIPTION OF THE EXEMPLARY EMBODIMENTS

The present invention now is described more fully hereinafter withreference to the accompanying drawings, in which embodiments of theinvention are shown. This invention may, however, be embodied in manydifferent forms and should not be construed as limited to theembodiments set forth herein; rather, these embodiments are provided sothat this disclosure will be thorough and complete, and will fullyconvey the scope of the invention to those skilled in the art. Alternateembodiments may be devised without departing from the scope of theinvention. Additionally, well known elements of the invention will notbe described in detail or will be omitted so as not to obscure therelevant details of the invention. The word “exemplary” is used hereinto mean “serving as an example, instance, or illustration.” Anyembodiment described herein as “exemplary” is not necessarily to beconstrued as preferred or advantageous over other embodiments. Likewisethe term “embodiments of the invention” does not require that allembodiments of the invention include the discussed feature, advantage ormode of operation.

With reference to FIGS. 1A-19C, exemplary embodiments of the inventionwill now be described.

1. Exemplary Medical Device

Referring to FIGS. 1-9, the above described problems of the conventionalart can be solved in the thoracic, lumbar and cervical spines byinsertions.

For example, FIGS. 1A-1D illustrate three dimensional views of anembodiment of the thoracic/lumbosacral Spinous Process (SP) stapleapparatus 100 a.

FIGS. 1A-1D illustrate an exemplary embodiment of a thoracic/lumbosacralSP staple 100 a, for example, including a flexure spring (e.g., ratchetpawl 128). As shown in FIGS. 1A-1D, the features of the staple 100 a caninclude top claws 110 and bottom claws 112 with claw ridges 114 to helpincorporate and fuse with bone. A staple pin-pivot 118 can connect thetop claws 110 and bottom claws 112. The staple 100 a may includefastener pins/prongs 122 to help incorporate and fuse with bone;however, the staple 100 a is not limited to any number of fastenerpins/prongs 122. For example in the illustrated embodiments, the staple100 a includes sixteen fastener pins/prongs 122; eight per the top claw110 and eight per the bottom claw 112. Further, a total of eight prongs122 for engagement of two segmental SPs may be utilized such that eachSP may be penetrated and perforated by a total of eight prongs 122; fourprongs per single SP unit of penetration/engagement on the top claw 110and four prongs per single SP unit of penetration/engagement on thebottom claw. However, in other embodiments, the staple 100 a can includeother amounts of fastener pins/prongs 122, such as four, six, eight,ten, etc. for engagement of the segmental SPs.

Claw teeth 116 may be molded onto the top claw 110 and bottom claw 112,and the claw teeth 116 may be interdigitating. Further, ratchet teeth124 may be molded onto the bottom claw 112 (shown in FIGS. 1A-1B), and aratchet pawl 128 (e.g., spring loaded ratchet pawl) may interact withthe ratchet teeth 124 locking the staple 100 a in position. The ratchetpawl 128 can be connected to the top claw 110 via ratchet bolt 120 andcan rotate about the ratchet bolt 120 (shown in FIGS. 1A-1B).

In another embodiment, ratchet teeth 124 may also be molded on the topclaw 110 (shown in FIGS. 1C-1D), and the ratchet pawl 128 may interactwith the ratchet teeth 124 locking the staple 100 a in position. Theratchet pawl 128 can be connected to the bottom claw 112 via ratchetbolt 120 and can rotate about the ratchet bolt 120 (shown in FIGS.1C-1D).

As the staple 100 a closes, the ratchet pawl 128 works in standardfashion. When a force is applied to open the staple 100 a, the ratchetpawl 128 (e.g., a flexure spring) interacts with the ratchet teeth 124exhibiting spring-like qualities due to its curvature resulting in theratchet mechanism “locking up.” Thus, the material used for the ratchetpawl 128 can contribute to the deformability and springiness of theratchet mechanism, resulting in varying degrees of deformability andspring-like resistance. The ratchet mechanism can limit the openingforce of the staple 100 a by a force proportional to the stiffness ofthe ratchet pawl 128 (e.g., flexure spring). Further, the force can betailored by making the ratchet pawl 128 from different materials orvarying the dimension(s) of the ratchet pawl 128, or a flexure springportion of the ratchet pawl 128. This embodiment can achieve significantrigidity (stiffness).

FIGS. 2A-2E illustrate a step-by-step mechanical engagement of anexemplary embodiment of a thoracic/lumbosacral Spinous Process (SP)staple 100 a with two segmental SPs; beginning with the staple's fullyopened position (FIG. 2A), then subsequently progressing to asemi-closed (partially clamped) position (FIG. 2B), and thensubsequently and finally achieving a fully clamped position (FIGS.2C-2E) entirely engaging and unifying the two segmental SPs.

FIGS. 3A-3D illustrate an exemplary embodiment of a thoracic/lumbosacralTransverse Process (TP) staple 100 b.

As shown in FIGS. 3A-3D, the features of the staple 100 b can include atop claw 110 and a bottom claw 112, each having claw ridges 114 to helpincorporate and fuse with bone. A staple pin-pivot 118 can connect thetop claw 110 and the bottom claw 112. The staple 100 b may includefastener pins/prongs 122 to help incorporate and fuse with bone;however, the staple 100 b is not limited to any number of fastenerpins/prongs 122. For example in the illustrated embodiments, the staple100 b includes eight fastener pins/prongs 122; four per the top claw 110and four per the bottom claw 112. Further, a total of four prongs 122for engagement of two segmental TPs may be utilized such that each TPmay be penetrated and perforated by a total of four prongs; two prongsper single TP unit of penetration/engagement on the top claw 110 and twoprongs per single TP unit of penetration/engagement on the bottom claw112. However, in other embodiments, the staple 100 b can include otheramounts of fastener pins/prongs 122, such as two, four, six, eight, ten,etc. for engagement of the segmental TPs.

Claw teeth 116 may be molded onto the top claw 110 and bottom claw 112,and the claw teeth 116 may be interdigitating. Further, ratchet teeth124 may be molded on the top claw 110 (shown in FIGS. 3A-D), and theratchet pawl 128 may interact with the ratchet teeth 124 locking thestaple 100 b in position. The ratchet pawl 128 can be connected to thebottom claw 112 via ratchet bolt 120 and can rotate about the ratchetbolt 120 (shown in FIGS. 3A-3D).

In another embodiment, ratchet teeth 124 may also be molded onto thebottom claw 112 (not shown), and a ratchet pawl 128 may interact withthe ratchet teeth 124 locking the staple 100 b in position. In thisembodiment, the ratchet pawl 128 can be connected to the top claw 110via ratchet bolt 120 and can rotate about the ratchet bolt 120 (notshown).

As the staple 100 b closes, the ratchet pawl 128 works in standardfashion. When a force is applied to open the staple 100 b, the ratchetpawl 128 (e.g., a flexure spring) interacts with the ratchet teeth 124exhibiting spring-like qualities due to its curvature resulting in theratchet mechanism “locking up.” Thus, the material used for the ratchetpawl 128 can contribute to the deformability and springiness of theratchet mechanism, resulting in varying degrees of deformability andspring-like resistance. The ratchet mechanism can limit the openingforce of the staple 100 b by a force proportional to the stiffness ofthe ratchet pawl 128 (e.g., flexure spring). Further, the force can betailored by making the ratchet pawl 128 from different materials orvarying the dimension(s) of the ratchet pawl 128, or a flexure springportion of the ratchet pawl 128. This embodiment can achieve significantrigidity (stiffness).

FIGS. 4A-4D illustrate a step-by-step mechanical engagement of anexemplary embodiment of a thoracic/lumbosacral Transverse Process (TP)staple 100 b with two segmental TPs; beginning with the staple's fullyopened position (FIG. 4A), then subsequently progressing to asemi-closed position (partially clamped) (FIG. 4B), and thensubsequently and finally achieving a fully clamped position (FIGS.4C-4D) entirely engaging and unifying the two segmental TPs.

FIG. 5 illustrates an exemplary embodiment of both a fully clampedthoracic/lumbosacral SP staple 100 a and a fully clampedthoracic/lumbosacral TP staple 100 b used to concomitantly staple/fusetwo segmental spinal units.

FIGS. 6A-6C illustrate an exemplary embodiment of a cervical SpinousProcess (SP) staple 100 c.

As shown in FIGS. 6A-6C, the features of the staple 100 c can include atop claw 110 and a bottom claw 112, each having claw ridges 114 to helpincorporate and fuse with bone. A staple pin-pivot 118 can connect thetop claw 110 and the bottom claw 112. The staple 100 c may includefastener pins/prongs 122 to help incorporate and fuse with bone;however, the staple 100 c is not limited to any number of fastenerpins/prongs 122. For example in the illustrated embodiments, the staple100 c includes four fastener pins/prongs 122; two per the top claw 110and two per the bottom claw 112. Further, a total of two prongs 122 forengagement of each SP may be utilized such that each SP may bepenetrated and perforated by a total of two prongs 122; one prong persingle SP unit of penetration/engagement on the top claw 110 and oneprong per single SP unit of penetration/engagement on the bottom claw112. However, in other embodiments, the staple 100 c can include otheramounts of fastener pins/prongs 122, such as six, eight, ten, etc. forengagement of the cervical SPs.

Claw teeth 116 may be molded onto the top claw 110 and the bottom claw112, and the claw teeth 116 may be interdigitating. Further, ratchetteeth 124 may be molded onto the bottom claw 112 (shown in FIGS. 6A-6C),and a ratchet pawl 128 may interact with the ratchet teeth 124 lockingthe staple 100 c in position. The ratchet pawl 128 can be connected tothe top claw 110 via ratchet bolt 120 and can rotate about the ratchetbolt 120 (shown in FIGS. 6A-6C).

In another embodiment, ratchet teeth 124 may also be molded on the topclaw 110 (not shown), and the ratchet pawl 128 may interact with theratchet teeth 124 locking the staple 100 c in position. The ratchet pawl128 can be connected to the bottom claw 112 via ratchet bolt 120 and canrotate about the ratchet bolt 120 (not shown).

As the staple 100 c closes, the ratchet pawl 128 works in standardfashion. When a force is applied to open the staple 100 c, the ratchetpawl 128 (e.g., a flexure spring) interacts with the ratchet teeth 124exhibiting spring-like qualities due to its curvature resulting in theratchet mechanism “locking up.” Thus, the material used for the ratchetpawl 128 can contribute to the deformability and springiness of theratchet mechanism, resulting in varying degrees of deformability andspring-like resistance. The ratchet mechanism can limit the openingforce of the staple 100 c by a force proportional to the stiffness ofthe ratchet pawl 128 (e.g., flexure spring). Further, the force can betailored by making the ratchet pawl 128 from different materials orvarying the dimension(s) of the ratchet pawl 128, or a flexure springportion of the ratchet pawl 128. This embodiment can achieve significantrigidity (stiffness).

FIGS. 7A-7E illustrate a step-by-step mechanical engagement of anexemplary embodiment of the cervical Spinous Process (SP) staple 100 cwith two segmental cervical SPs; beginning with the staple's fullyopened position (FIG. 7A), and then subsequently progressing to a fullyclamped position (FIGS. 7B-7D) entirely engaging and unifying the twocervical TPs.

FIGS. 8A-8D illustrate exemplary embodiments of a straight fastenersolid prong 122 a, a straight perforated fastener prong 122 b, a curvedfastener solid prong 122 c, and a curved perforated fastener prong 122d.

FIGS. 9A-9B illustrate a bottom perspective view of astraight-perforated staple prong 122 b and a bottom perspective view ofa curved-perforated staple prong 122 d. The perforations 800 of theseprongs allow insertion of bone and/or fusion material facilitating thefusion of the device to the spinous process thereby facilitating fusion.The perforations 800 can also be applied to other pins, staple screwsinvolved in securing bone to facilitate fusion.

An exemplary embodiment of a thoracic/lumbar Spinous Process (SP)staple, can include first claw means (e.g., 110 or 112), second clawmeans (e.g., 110 or 112), a staple pin (e.g., 118) pivotally connectingthe first claw means and the second claw means (e.g., 110, 112), andratchet means (e.g., 124, 128) for limiting an opening force of thefirst claw means (e.g., 110 or 112) with respect to the second clawmeans (e.g., 110 or 112).

2. Exemplary Surgical Method

Exemplary surgical steps for practicing one or more of the foregoingexemplary embodiments will now be described.

Surgical implantation of the thoracic/lumbosacral Spinous Process (SP)staple (e.g., 100 a) conjoining two adjacent SPs can be performed understandard open, closed, percutaneous, endoscopic, tubular, microscopic,fluoroscopic or any other standardized techniques. The staple (e.g., 100a) is applied to and engages with a staple gun (for example, asdescribed in related application Ser. No. 12/471,345, filed on May 22,2009, application Ser. No. 12/471,340, filed on May 22, 2009, Ser. No.12/054,335 filed on Mar. 24, 2008, Ser. No. 11/842,855, filed on Aug.21, 2007, Ser. No. 11,536,815 filed on Sep. 29, 2006, and Ser. No.11/208,644 filed on Aug. 23, 2005, which describe a facet joint (FJ)staple and staple gun). The staple gun can have a straight distalapplier or angled applier to facilitate placement depending on theparticular spinal anatomy. Upon exposure of two adjacent SP processes,the staple (e.g., 100 a) is opened via the staple gun applier, the twoadjacent SPs are engaged by the opened staple claws (e.g., 110, 112),and the staple gun then closes the upper and lower claws (e.g., 110,112) which lead to the stapling/fusion of the two adjacent spinousprocesses (FIGS. 2A-2E). Depending on patient anatomy or surgicalpreference, the staple prongs (e.g., 122) can be either straight orcurved. The staple prongs (e.g., 122) with perforations can be packedwith any kind of bony/fusion material prior to placement on SPs. Avariety of staples (e.g., 100 a) with varying inter-prong distances toaccount for inter and intra-patient inter-spinous distance variationscan be manufactured. The staple (e.g., 100 a) with the correctapproximate inter-spinous prong distance is selected.

Surgical implantation of the thoracic/lumbosacral Transverse Process(TP) staple (e.g., 100 b) conjoining two adjacent TPs can be performedunder standard open, closed, percutaneous, endoscopic, tubular,microscopic, fluoroscopic or any other standardized techniques. TheTransverse Process (TP) staple (e.g., 100 b) is applied to, and engagesa staple gun (for example, as described in related application Ser. No.12/471,345, filed on May 22, 2009, application Ser. No. 12/471,340,filed on May 22, 2009, Ser. No. 12/054,335 filed on Mar. 24, 2008, Ser.No. 11/842,855, filed on Aug. 21, 2007, Ser. No. 11,536,815 filed onSep. 29, 2006, and Ser. No. 11/208,644 filed on Aug. 23, 2005, whichdescribe a facet joint (FJ) staple and staple gun). The staple gun canhave a straight distal applier or angled applier to facilitate placementdepending on the particular spinal anatomy. Upon exposure of the TPprocesses, the staple (e.g., 100 b) is opened via the staple gunapplier, the TPs are engaged by the opened staple claws (e.g., 110,112), and the staple gun then closes the upper and lower claws (e.g.,110, 112) which lead to the stapling/fusion of two adjacent transverseprocesses (FIGS. 4A-4D). Depending on patient anatomy or surgicalpreference, the staple prongs (e.g., 122) can be either straight orcurved. The staple prongs (e.g., 122) with perforations can be packedwith any kind of bony/fusion material prior to placement on TPs. Avariety of staples (e.g., 100 b) with varying inter-prong distances toaccount for inter and intra patient inter TP distance variations can bemanufactured. The staple (e.g., 100 b) with the correct approximateinter TP prong distance is selected.

Surgical implantation of the cervical Spinous Process (SP) staple (e.g.,100 c) can be performed under standard open, closed, percutaneous,endoscopic, tubular, microscopic, fluoroscopic or any other standardizedtechniques. The cervical Spinous Process (SP) staple (e.g., 100 c) isapplied to and engages a staple gun (for example, as described inrelated application Ser. No. 12/471,345, filed on May 22, 2009,application Ser. No. 12/471,340, filed on May 22, 2009, Ser. No.12/054,335 filed on Mar. 24, 2008, Ser. No. 11/842,855, filed on Aug.21, 2007, Ser. No. 11,536,815 filed on Sep. 29, 2006, and Ser. No.11/208,644 filed on Aug. 23, 2005, which describe a facet joint (FJ)staple and staple gun). The staple gun can have a straight distalapplier or angled applier to facilitate placement depending on theparticular spinal anatomy. Upon exposure of the cervical SP processes,the staple (e.g., 100 c) is opened via the staple gun applier, the twoadjacent cervical SPs are engaged from above by the opened staple claws(e.g., 110, 112), and the staple gun then closes the upper and lowerclaws (e.g., 110, 112) which lead to the stapling/fusion of cervicalspinous processes (FIGS. 7A-7D). Depending on patient anatomy orsurgical preference, the staple prongs (e.g., 122) can be eitherstraight or curved. The staple prongs (e.g., 122) with perforations canbe packed with any kind of bony/fusion material prior to placement onSPs. A variety of staples (e.g., 100 c) with varying inter-prongdistances to account for inter and intra patient inter-spinous distancevariations can be manufactured. The staple (e.g., 100 c) with thecorrect approximate inter-spinous prong distance is selected.

With reference to FIGS. 10A-12B another exemplary embodiment of theinvention will now be described.

3. Exemplary Medical Device

Referring to FIGS. 10A-12B, the above described problems of theconventional art can be solved in the thoracic, lumbar and cervicalspine.

For example, FIGS. 10A-B illustrate three dimensional views of anembodiment of the Spinous Process (SP) staple apparatus 100 a.

FIGS. 10A-B illustrate an embodiment of a Spinous Process (SP) staplewith interdigitating-interlocking hemi-spacers, for example, including aflexure spring (e.g., ratchet pawl 128). As shown in FIGS. 10A-B, thefeatures of the staple 100 can include top claws 110 and bottom claws112 with claw ridges 114 to help incorporate and fuse with bone. Astaple pin-pivot 118 can connect the top claws 110 and bottom claws 112.The staple 100 may include fastener pins/prongs 122 to help incorporateand fuse with bone; however, the staple 100 is not limited to any numberof fastener pins/prongs 122. For example, in the illustratedembodiments, the staple 100 includes sixteen fastener pins/prongs 122;eight per the top claw 110 and eight per the bottom claw 112. Further, atotal of eight prongs for engagement of two segmental SPs may beutilized such that each SP may be penetrated and perforated by a totalof eight prongs; four prongs per single SP unit ofpenetration/engagement on the top claw 110 and four prongs per single SPunit of penetration/engagement on the bottom claw. However, in otherembodiments, the staple 100 can include other amounts of fastenerpins/prongs 122, such as four, six, eight, ten, etc. for engagement ofthe segmental SPs.

Claw teeth 116 may be molded onto the top claw 110 and bottom claw 112,and the claw teeth 116 may be interdigitating. Further, ratchet teeth124 may be molded onto the bottom claw 112 (shown in FIG. 10A), and aratchet pawl 128 (e.g., spring loaded ratchet pawl) may interact withthe ratchet teeth 124 locking the staple 100 in position. The ratchetpawl 128 can be connected to the top claw 110 via ratchet bolt 120 andcan rotate about the ratchet bolt 120 (shown in FIG. 10A).

In another embodiment, ratchet teeth 124 may also be molded on the topclaw 110 (shown in FIG. 10B), and the ratchet pawl 128 may interact withthe ratchet teeth 124 locking the staple 100 in position. The ratchetpawl 128 can be connected to the bottom claw 112 via ratchet bolt 120and can rotate about the ratchet bolt 120 (shown in FIG. 1B).

As the staple 100 closes, the ratchet pawl 128 works in standardfashion. When a force is applied to open the staple 100, the ratchetpawl 128 (e.g., a flexure spring) interacts with the ratchet teeth 124exhibiting spring-like qualities due to its curvature resulting in theratchet mechanism “locking up.” Thus, the material used for the ratchetpawl 128 can contribute to the deformability and springiness of theratchet mechanism, resulting in varying degrees of deformability andspring-like resistance. The ratchet mechanism can limit the openingforce of the staple 100 by a force proportional to the stiffness of theratchet pawl 128 (e.g., flexure spring). Further, the force can betailored by making the ratchet pawl 128 from different materials orvarying the dimension(s) of the ratchet pawl 128. This embodiment canachieve significant rigidity (stiffness).

The interior surfaces and/or exterior surfaces of the top claw 110 andbottom claw 112 can include hemi-spacer(s) 130. As shown in FIGS. 10A-B,the hemi-spacer(s) 130 can be positioned on the interior surfaces of thetop claw 110 and bottom claw 112 such that when the staple 100 isclosed, the hemi-spacer(s) 130 are positioned on opposing surfaces ofeach other. Each hemi-spacer 130 can be attached to the top claw 110 andbottom claw 112, for example, with a screw 134 or other suitable fixingdevice. Further, the shape of the hemi-spacer(s) 130 can vary. Forexample, in the illustrated embodiments, the staple 100 includeshemi-spacer(s) 130 that are rectangular in shape. However, in otherembodiments, the hemi-spacers 130 can include other shapes, such ascircular, oval, square, etc. In other embodiments, a thickness of thehemi-spacer 130 on one claw can be greater than a thickness of thehemi-spacer 130 on the other claw. In still other embodiments, thehemi-spacer 130 can be formed on only one of the claws 110, 112.

Further, each hemi-spacer 130 can include interdigitating prongs 132which can be used to interdigitate, interlock, and unite withcorresponding features on another hemi-spacer 130, thereby forming asingle interspinous process spacer wedge. The wedge (hemi-spacer pair130) can occupy and maintain the inter-spinous space in between adjacentSpinous Processes (SPs), thereby alleviating spinal canal compressionand any ensuing lumbar stenosis.

In another exemplary embodiment, each hemi-spacer 130 positioned onopposing staple claws (110, 112) can include interdigitating prongs 132.The interdigitating prongs 132 may include mirror image interlockingprotrusions 312 (FIGS. 13A-B) and protrusion receptacles 310 (FIGS.13A-B). The interlocking protrusions 312 and protrusion receptacles 310can interact allowing for co-mating and unification of each hemi-spacer130. Thus, when the top claw 110 and bottom claw 112 of the SP staple100 are closed (i.e. unit), the fastener prongs 122 will perforateadjacent SPs and the hemi-spacer(s) 130 (and interlocking protrusions312 and protrusion receptacles 310) will interdigitate, interlock, andunite forming a single interspinous process spacer wedge which maintainsseparation distraction between SPs, thereby alleviating spinal canalcompression thus alleviating lumbar stenosis.

The hemi-spacers 130 can be attached to each claw 110, 112 of the staple100, for example, via a screw 134 or other suitable fixing device.Further, different sized hemi-spacers 130 can be selectively andpreferentially attached to each claw 110, 112 to account for inter- andintra-patient anatomical variability depending on the interspinousdistance. The staples 100 also can be manufactured with varioustolerances, e.g. different claw lengths and inter-spinous inter-prongdistances, etc. The exemplary embodiments disclosed herein can be usedto perform multiple levels of distraction engaging a series of adjacentpair of SPs with one staple 100 per every incremental unit of twoadjacent SP elements.

FIGS. 11A-C illustrate an exemplary embodiment of a step-by-stepmechanical engagement of the SP staple 100 with two segmental SPs;beginning with the staple's opened position (FIG. 11A), thensubsequently progressing to a semi-closed position (FIG. 11B), and thensubsequently and finally achieving a fully clamped position (FIG. 11C)entirely engaging and unifying the two segmental SPs. The hemi-spacer(s)130 may include mirror image interlocking protrusions 312 (FIGS. 13A-B)and protrusion receptacles 310 (FIGS. 13A-B). The interlockingprotrusions 312 and protrusion receptacles 310 can interact allowing forco-mating and unification of each hemi-spacer 130. Thus, when the topclaw 110 and bottom claw 112 of the SP staple 100 are closed (i.e.,clamped), the fastener prongs 122 will perforate adjacent SPs and thehemi-spacer(s) 130 (and interlocking protrusions 312 and protrusionreceptacles 310) will interdigitate, interlock, and unite forming asingle interspinous process spacer wedge which maintains separationdistraction between SPs, thereby alleviating spinal canal compressionthus alleviating lumbar stenosis.

FIG. 12A illustrates an exemplary embodiment of the hemi-spacer(s) 130located on opposing staple claws 110, 112. Each hemi-spacer(s) 130 caninclude one or more hemi-spacer screw inserts 314. Each hemi-spacer(s)130 can be attached to the top claw 110 and bottom claw 112, for examplevia one or more screws 134, which can be secured in the one or morehemi-spacer screw inserts 314 and can penetrate one or more perforations(not illustrated) on each claw 110, 112. In the illustrated exemplaryembodiment, each hemi-spacer 130 includes a single hemi-spacer screwinsert 314, and each hemi-spacer 130 is attached to the top claw 110 andbottom claw 112, respectively, using a single screw 134, which issecured in the hemi-spacer screw insert 314 and penetrates a singleperforation (e.g., screw hole or threaded screw hole) (not illustrated)on each claw 110, 112. In other embodiments, the hemi-spacers 130 can beintegrally formed with the claws 110, 112. In other embodiments, thehemi-spacers 130 can be permanently or removably/replaceably fixed tothe claws 110, 112 by other suitable fixing means.

As shown in FIG. 12A, in an exemplary embodiment, a surface of eachhemi-spacer 130 can include two mirror image interdigitating protrusions312 and two mirror image protrusion receptacles 310 which mate withcorresponding features on an opposing hemi-spacer 130 when thehemi-spacers 130 are aligned. However, in other embodiments, thehemi-spacer(s) 130 can include any number of mirror imageinterdigitating protrusions 312 and corresponding mirror imageprotrusion receptacles 310 which mate with each other when aligned.

FIG. 12B illustrates an exemplary embodiment of the hemi-spacer(s) 130whereby two opposing hemi-spacer(s) 130 can unify into a singleinter-spinous wedge spacer. For example, in the illustrated embodiments,the mirror image interdigitating protrusions 312 of each opposinghemi-spacer 130 interdigitates and mates with an opposing mirror imageprotrusion receptacle 310 of the corresponding hemi-spacer 130. Theinterdigitating protrusions 312 and their corresponding protrusionreceptacles 310 of each hemi-spacer 130 can mate with each other forminga unified interspinous spacer-wedge.

The exemplary staples 100 can be provided with a variety of inter-prongdistances to account for inter and intra-patient inter-spinous distancevariations. The hemi-spacers 130 can be formed with differentdimensions, such as a variety of heights, lengths, and widths, toaccount for variations in dimensions between patients.

The protrusions 312 and protrusion receptacles 310 of the hemi-spacer130 can have a variety of corresponding shapes. For example, asillustrated in the exemplary embodiments, the sidewalls of theprotrusions 312 and protrusion receptacles 310 can have a tapered shapeto facilitate easy alignment and engagement/mating therebetween. Inother embodiments, the sidewalls of the protrusions 312 and protrusionreceptacles 310 can have other shapes, such as conical shapes, pyramidshapes, triangular shapes, square shapes, rectangular shapes, etc.

4. Exemplary Surgical Method

Exemplary surgical steps for practicing one or more of the foregoingembodiments will now be described.

Surgical implantation of the Spinous Process (SP) staple withinterdigitating—interlocking hemi-spacers conjoining andseparating/distracting two adjacent SPs can be performed under standardopen, closed, percutaneous, endoscopic, tubular, microscopic,fluoroscopic or any other standardized techniques. The SP staple can beapplied to and engaged with a staple gun whose design has been describedin, for example, Applicants' related pending application Ser. No.12/471,345, filed on May 22, 2009, application Ser. No. 12/471,340,filed on May 22, 2009, Ser. No. 12/054,335 filed on Mar. 24, 2008, Ser.No. 11/842,855, filed on Aug. 21, 2007, Ser. No. 11,536,815 filed onSep. 29, 2006, and Ser. No. 11/208,644 filed on Aug. 23, 2005, relatingto the FJ staple, herein incorporated by reference. The staple gun canhave a straight distal applier or angled applier to facilitate placementdepending on the particular spinal anatomy. The patient may bepositioned prone and flexed or lateral and flexed. After theadministration of local anesthesia with or without Intravenous (IV)sedation or any acceptable form of analgesia/anesthesia, an incision ismade over the desired adjacent SPs. The interspinous ligament may bepartially or completely opened or separated. Upon exposure of twoadjacent SP processes, the staple 100 is opened via the staple gunapplier, the two adjacent SPs are engaged by the opened staple claws110, 112, and the staple gun then closes the upper and lower claws 110,112 which lead to the stapling of the two adjacent SPs (FIGS. 11A-C).The closure of the staple 100 leads to the unification of the twohemi-spacers 130 into one spacer wedge which separates and distracts theadjacent SPs (FIGS. 11A-C and FIG. 13A-B). A variety of staples 100 canbe manufactured with varying inter-prong distances to account for interand intra-patient inter-spinous distance variations. The staple 100 withthe correct approximate inter-spinous prong distance is selected. Thehemi-spacers 130 with the desired height, length, and width are selectedand may be attached to the staple claws 110, 112 prior to SP stapling.Staples 100 can also be manufactured with different sized hemi-spacers130 already secured to the claws 110, 112, thereby not necessitatingthat the surgeon need to fiddle with placement of the hemi-spacers 130on the staple 100, for example, by attaching with screws 134 (i.e., thehemi-spacers 130 can be pre-installed on the claws 110, 112 of thestaple 100). Alternatively, in other embodiments staples 100 withbuilt-in (not screwed in) hemi-spacers 130 of differing dimensions canbe selected for different patients.

In between the two sets of prongs 122 on the upper and lower claws 110,112 is an attached rectangular hemi-spacer 130. It is positioned to actas a wedge occupying the inter-spinous space in between adjacent SPs.The hemi-spacers 130 on opposing staple claws 110, 112 are designed withmirror image interlocking protrusions 312, and protrusion receptacles310 allowing their co-mating and thus unification (FIGS. 13A-B). Thuswhen the upper and lower claws 110, 112 of the SP staple 100 unite, andtheir prongs 122 perforate adjacent SPs, the hemi-spacers 130interdigitate, interlock, and unite forming a single interspinousprocess spacer wedge which maintains distraction between SPs, therebyalleviating spinal canal compression thus alleviating lumbar stenosis(FIGS. 11A-C).

The hemi-spacers are attached to each claw of the staple via a screw.Depending on the interspinous distance, different sized hemi-spacers(differing in length, height and/or width) can be preferentiallyattached to each claw to account for inter- and intra-patient anatomicalvariability.

Furthermore the staples themselves can be manufactured with differentclaw lengths and inter-spinous inter-prong distances. Hemi-spacers canbe designed in any variety of geometric shape, and mate with any form ofinterlocking mechanisms entailing extrusions slots, prongs, pins etc.

The exemplary embodiment of this device can be used to perform multiplelevels of distraction engaging a series of adjacent pair of SPs with onestaple per every incremental unit of two adjacent SP elements.

A surgeon can select the degree of adjacent SP separation anddistraction by choosing hemi-spacers of increasing lengths.

In another embodiment, an interarticulating staple 100 can be providedfor clamping one of a thoracic/lumbar Spinous Process (SP), athoracic/lumbar Transverse Process (TP), and cervical Spinous Process(SP). The interarticulating staple 100 can include a top claw 110, abottom claw 112, a staple pin 118 pivotally connecting the top claw 110and the bottom claw 112, and ratchet means (e.g., 124, 128) for limitingan opening force of the top claw 110 with respect to the bottom claw112. The staple 100 can include spacer means (e.g., 130) on the top claw110 and/or on the bottom claw 112 for providing adjacent spinous processseparation and/or distraction. Upon the stapling of two adjacent spinousprocesses, the staple claws approximate, and the spacer means can bewedged between two adjacent spinous processes, thereby providingadjacent spinous process separation and/or distraction leading to spinalcanal decompression and alleviation of the symptoms of spinal stenosis.

In another embodiment, an interarticulating staple 100 can be providedfor clamping one of a thoracic/lumbar Spinous Process (SP), athoracic/lumbar Transverse Process (TP), and cervical Spinous Process(SP). The interarticulating staple 100 can include first claw means(e.g., 110) pivotally connected to second claw means (e.g., 112); andratchet means (e.g., 124, 128) for limiting an opening force of thefirst claw means (e.g., 110) with respect to the second claw means(e.g., 112) and fixing a position of the first claw means (e.g., 110)with respect the second claw means (e.g., 112); and spacer means (e.g.,130) on at least one of the first claw means (e.g., 110) and the secondclaw means (e.g., 112), the spacer means for providing one of adjacentspinous process separation and distraction. Upon the stapling of twoadjacent spinous processes, the staple claws approximate, and the spacermeans can be wedged between two adjacent spinous processes, therebyproviding adjacent spinous process separation and/or distraction leadingto spinal canal decompression and alleviation of the symptoms of spinalstenosis.

FIGS. 13A-B illustrate a lumbar facet joint staple 1200 in open andclosed positions and having staple prongs 1203. This lumbar facet staplehas been thoroughly described in Applicants' previous co-pending patentapplications, Ser. No. 11/536,815, filed on Sep. 29, 2006, and Ser. No.11/208,644, filed on Aug. 23, 2005, the relevant portion of each ofwhich is hereby incorporated by reference hereinafter. The newimprovement of this device includes a ratchet 1201. The staple 1200 canbe incrementally closed with increased ratcheting over increasing numberof spurs 1202. This achieves increasing calibrated levels of lumbarfacet joint fusion, and conversely diminishing joint flexibility. Thisnew designs further enhances the capacity to achieve flexible fusions inthe lumbar spine.

5. Exemplary Medical Device

FIGS. 14A-B illustrate an embodiment of a posterior lumbar facet staplehaving a flexure spring. FIGS. 15A-C illustrate an embodiment of alumbar facet staple having a torsional spring. Features of a lumbarfacet staple have been thoroughly described in the aforementionedrelated applications, the relevant portions of which are herebyincorporated by reference herein in their entirety. The embodimentsillustrated in the related applications included a ratchet. The staplecould be incrementally closed with increased ratcheting over increasingnumber of spurs. The present invention provides two evolved embodiments,which are superior to conventional designs in that the closingmechanisms can withstand much greater force (Newtons) than a smallexternal ratchet. Other improvements will be described below.

FIGS. 14A-B illustrate an embodiment of a posterior lumbar facet staple500 having a flexure spring 530. As shown in FIGS. 14A-B, the featuresof the staple 500 include top claws 510 and bottom claws 520 with ridges570 to help incorporate and fuse with bone. A staple pin (pivot) 560connects the top claws 510 and bottom claws 520. The staple 500 includesfour fastener pins (prongs) 580, 582, 584, 586, two per top claw 510 orbottom claw 520. Ratchet teeth 540 are molded onto the lower claw 520,and a spring loaded ratchet pawl 530 pivots on the claw, and locks thestaple 500 in position. As the staple 500 closes, the ratchet 540 worksin standard fashion. When a force is applied to open the staple 500, theratchet 540 locks up, but the ratchet pawl (e.g., the flexure spring)530 acts as a spring due to its curvature. So depending on the materialused for the ratchet spring, the ratchet spring 530 can deform more orless, thereby providing different degrees of resistance. The ratchetmechanism 540 limits the opening force of the staple 500 by a forceproportional to the stiffness of the flexure spring 530 (e.g., ratchetpawl). The force can be tailored by making the pawl from differentmaterials or varying the dimension of the flexure spring on the pawl.This embodiment can achieve significant rigidity (stiffness).

FIGS. 15A-C illustrate an embodiment of a posterior lumbar facet staple600 having a torsional spring 630. FIGS. 15A-C illustrate features ofthe staple 600, which include top claws 610 and bottom claws 620 withridges 670 to help incorporate and fuse with bone. A staple pin (pivot)660 joins the upper claw 610 and lower claw 620 of the staple 600. Thestaple 600 includes four fastener pins (prongs) 682, 684, 686, 688, twoper top claw 610 or bottom claw 620 of the staple 600. The features ofthe staple 600 include a torsional spring 630, a brake 680, and a pivotspring pin 640. As the staple 600 closes, the ratchet works in standardfashion. When the staple 600 is open, the spring does not interfere withthe motion. Once the staple 600 is closed there is a ratchet mechanism(brake) 680 that engages with the spring 630. At that point, the forcerequired to open the staple 600 will depend on the stiffness of thespring 630. Having staple models with different types of springs (e.g.,soft, hard, etc.) allows the tailoring of different staples to the needsof a given patient. The embodiments of the present invention have lesscompliance than the conventional devices.

FIGS. 16A-6C illustrate an embodiment of a lumbar facet joint staple gun700.

Features of lumbar facet joint staple guns have been thoroughlydescribed in the aforementioned related applications, the relevantportions of which are hereby incorporated by reference in theirentirety. The exemplary staple gun 700 is an evolutionary advancedversion compared to the conventional designs. An improved feature of thestaple gun 700 includes a spring return 274 to bring the handles (e.g.,upper and lower grips 712, 714) back to their original position afterstapling, and a pull knob that opens the staple fingers (e.g., claws) torelease the staple 760 at will. The staple 760 in this embodiment isreleased automatically when it is closed. In addition, a return spring774 is added to the handles (e.g., upper and lower grips 712. 714) sothat the user does not have to reset the stapler manually each time itis used.

The FIGS. illustrate the staple gun 700, which includes two upper andlower grips 712, 714, upper and lower bars 722, 724, a cylinder 750, anopening connector 740, an opening rod 772, an opening lever or pull knob730, a puller 726, a connector 740, a return spring 774, and pins 790,792, 794.

6. Surgical Method

Exemplary surgical steps for practicing one or more of the forgoingembodiments will now be described.

The surgical placement of the lumbar facet staples via a posterior facetlumbar staple gun is described in the aforementioned relatedapplications. The surgical procedure for these staple embodiments withthis staple gun embodiment is identical to that which has beenpreviously described. The evolutionary advantages of these embodimentsare explained above.

The present inventions may provide effective and safe techniques thatovercome the problems associated with current transpedicular basedcervical, thoracic and lumbar fusion technology, as well as anteriorcervical, thoracic and lumbar plating technology, and for manydegenerative stable and unstable spinal diseases. These inventions couldreplace much pedicle screw, and anterior plating based instrumentationin many but not all degenerative spine conditions.

The speed and simplicity of placement of posterior cervical and lumbarfacet staples, placement of anterior and posterior lumbar intervertebralcage/BDFT screw constructs, and placement of anterior cervical cage/BDFTscrew constructs far exceeds that of current pedicle screw and anteriorspinal plating technology. Furthermore, these devices have markedlysignificantly decreased risk of misguided screw placement and hencedecreased risk of neurovascular injury, and blood loss. In the cervicaland lumbar spines, intervertebral cage/BDFT screw constructs and facetstaples could be applied modularly in different combinations to achievedifferent degrees of rigidity (flexibility). Furthermore, the posteriorcervical and lumbar staple technology is amenable to short same-dayprocedures performed under local/IV anesthesia with a rapid recoverytime. The lumbar and cervical intervertebral cage/BDFT screw constructsall would have decreased recovery time, and more rapid return to worktime compared to pedicle screw, and plating technology. These deviceswith great probability lead to similar if not equal fusion rates, withsubstantially less morbidity, and hence, overall, make them a majoradvance in the evolution of spinal instrumented technology leading toadvances in the compassionate care of the spinal patient.

7. Exemplary Medical Device

FIGS. 17A-17D illustrate an embodiment of a lumbar facet joint staplegun.

Features of lumbar facet joint staple guns have been thoroughlydescribed in the aforementioned related applications, the relevantportions of which are hereby incorporated by reference in theirentirety. The exemplary staple gun 400 is an evolutionary advancedversion compared to the conventional designs. The changes incorporatedherein facilitate easier insertion and removal of the staple 700compared to our prior design. An improved feature of the staple gun isthe design of an independent puller tip which can be swung open when thestapler is at its maximum open position.

The FIGS. illustrate the staple gun 400 which includes two upper andlower grips 404, 406, upper and lower bars 408, 410, a cylinder 418, apuller 414, a puller tip 402, a connector 418, a return spring 420, andpins 422.

In our previous design the user might have to force the staple hinge tofit into the loops (puller), and once the staple 700 was closed the userhad to pry the staple hinge from the loops. To address this problem, oneof the loops was made as an independent part which can be swung openwhen the stapler is at its maximum open position.

The following is the mechanism of its action: The user opens the staplerhandles to their maximum. This forces the puller part 414 to stick outfrom the cylinder part 412. In that configuration, the puller tip 402can be opened, and the user can insert the staple 700, and close thepuller tip 402 (no force required). As the user closes the staplehandles, the puller part 414 retracts into the cylinder part 412 whichprevents the puller tip part 402 from opening. Thus there is no risk ofthe staple 700 becoming loose or falling off during surgery. Once thestaple 700 has been closed, and is locked, the user can open once morethe staple handles to their max to force the puller part out, and inthat configuration, the puller tip 402 can be opened, and the staple 700can be released. The release mechanism doesn't have a spring. The pullertip 402 can simply be opened only when the center shaft (puller) isextended completely. When the puller 414 is retracted (during stapling)the release (puller tip) is constrained by the surrounding geometry i.e.it cannot move. The main advantage of this mechanism is its simplicity.The spring 420 is for the return. The spring 420 pushes the puller out,so after the user staples, by pressing the handles together and pullingthe center shaft in (puller), the spring 420 will force the puller 414out and swing the handles open to reset the stapler.

For example, an aspect of the invention can include a staple gun for alumbar facet joint staple includes a handle having an upper bar 408 anda lower bar 410, each of the upper bar 408 and the lower bar 410 havinga first and a free end, a hollow cylinder 412 body having a first endfor receiving the lumbar facet joint staple and a second end adjacent tothe handle, a connector 418 having a first end coupled to the hollowcylinder 412 body and a second end coupled to the handle such that thefirst end of each of the upper bar 408 and the lower bar 410 can bepivotably coupled to the connector 418, a puller 414 disposed in andextending through the hollow cylinder 412 body, wherein the puller 414has a first end for receiving the lumbar facet joint staple and a secondend adjacent to the handle, the second end of the puller 414 beingcoupled to the handle, and a puller tip 402 coupled to the first end ofthe puller 414, wherein the handle can be moveable from a closedposition to an open position, a distance between the free end of theupper bar 408 and the free end of the lower bar 410 in the closedposition being less than a distance between the free end of the upperbar 408 and the free end of the lower bar 410 in the open position,wherein the first end of the puller 414 and at least a part of thepuller tip 402 are disposed inside the first end of the hollow cylinder412 body when the handle is in the closed position, and wherein thefirst end of the puller 414 and at least a part of the puller tip 402extend outside the first end of the hollow cylinder 412 body when thehandle is in the open.

The puller tip 402 can be moveable between an open position and a closedposition when the handle in the open position, and wherein the pullertip 402 is locked in the closed position by the first end of the hollowcylinder 412 body when the handle in the closed position. The puller tip402 can include a first loop part and a second loop part, the first looppart and the second loop part for grasping sides of the lumbar facetjoint staple, wherein the first loop part is movable with respect to thesecond loop part in a direction transverse to a longitudinal axis of thepuller 414. The staple gun can include a spring return mechanism thatbiases the handle in the open position. The handle can include a linkagecoupling the puller 414 to each of the upper bar 408 and the lower bar410.

Features of cervical facet joint staples have been thoroughly describedin the aforementioned related applications, the relevant portions ofwhich are hereby incorporated by reference in their entirety.

More particularly, the lumbar staple has top and bottom claws which cometogether. The top part of the staple, beneath from where the stapleprongs come out, has on either side, a circular protuberance with a holein the center. A pin goes through this hole and through a hole in thelower staple claw thus connecting these two components which pivotaround the pin to open and close the jaw of the staple. Theprotuberances on both sides of the staple can be fit snugly into thepuller tip 402 of the staple gun.

Exemplary aspects of a staple are illustrated in FIGS. 18A-B and 19A-C.

FIGS. 18A-B illustrate an embodiment of a posterior lumbar facet staplehaving a flexure spring. FIGS. 19A-C illustrate an embodiment of alumbar facet staple having a torsional spring. Features of a lumbarfacet staple have been thoroughly described in the aforementionedrelated applications, the relevant portions of which are herebyincorporated by reference herein in their entirety. The embodimentsillustrated in the related applications included a ratchet. The staplecould be incrementally closed with increased ratcheting over increasingnumber of spurs. The present invention provides two evolved embodiments,which are superior to conventional designs in that the closingmechanisms can withstand much greater force (Newtons) than a smallexternal ratchet. Other improvements will be described below.

FIGS. 18A-B illustrate an embodiment of a posterior lumbar facet staple500 having a flexure spring 530. As shown in FIGS. 18A-B, the featuresof the staple 500 include top claws 510 and bottom claws 520 with ridges570 to help incorporate and fuse with bone. A staple pin (pivot) 560connects the top claws 510 and bottom claws 520. The staple 500 includesfour fastener pins (prongs) 580, 582, 584, 586, two per top claw 510 orbottom claw 520. Ratchet teeth 540 are molded onto the lower claw 520,and a spring loaded ratchet pawl 530 pivots on the claw, and locks thestaple 500 in position. As the staple 500 closes, the ratchet 540 worksin standard fashion. When a force is applied to open the staple 500, theratchet 540 locks up, but the ratchet pawl (e.g., the flexure spring)530 acts as a spring due to its curvature. So depending on the materialused for the ratchet spring, the ratchet spring 530 can deform more orless, thereby providing different degrees of resistance. The ratchetmechanism 540 limits the opening force of the staple 500 by a forceproportional to the stiffness of the flexure spring 530 (e.g., ratchetpawl). The force can be tailored by making the pawl from differentmaterials or varying the dimension of the flexure spring on the pawl.This embodiment can achieve significant rigidity (stiffness).

FIGS. 19A-C illustrate an embodiment of a posterior lumbar facet staple600 having a torsional spring 630. FIGS. 19A-C illustrate features ofthe staple 600, which include top claws 610 and bottom claws 620 withridges 670 to help incorporate and fuse with bone. A staple pin (pivot)660 joins the upper claw 610 and lower claw 620 of the staple 600. Thestaple 600 includes four fastener pins (prongs) 682, 684, 686, 688, twoper top claw 610 or bottom claw 620 of the staple 600. The features ofthe staple 600 include a torsional spring 630, a brake 680, and a pivotspring pin 640. As the staple 600 closes, the ratchet works in standardfashion. When the staple 600 is open, the spring does not interfere withthe motion. Once the staple 600 is closed there is a ratchet mechanism(brake) 680 that engages with the spring 630. At that point, the forcerequired to open the staple 600 will depend on the stiffness of thespring 630. Having staple models with different types of springs (e.g.,soft, hard, etc.) allows the tailoring of different staples to the needsof a given patient. The embodiments of the present invention have lesscompliance than the conventional devices.

8. Surgical Method

Exemplary surgical steps for practicing one or more of the forgoingembodiments will now be described.

The surgical placement of the lumbar facet staples via a posterior facetlumbar staple gun (FIG. 17) is described in the aforementioned relatedapplications. The surgical procedure for these staple embodiments withthis staple gun embodiment is identical to that which has beenpreviously described. The evolutionary advantages of these embodimentsare explained above.

The present inventions may provide effective and safe techniques thatovercome the problems associated with current transpedicular basedcervical, thoracic and lumbar fusion technology, as well as anteriorcervical, thoracic and lumbar plating technology, and for manydegenerative stable and unstable spinal diseases. These inventions couldreplace much pedicle screw, and anterior plating based instrumentationin many but not all degenerative spine conditions.

The speed and simplicity of placement of posterior cervical and lumbarfacet staples, placement of anterior and posterior lumbar intervertebralcage/BDFT screw constructs, and placement of anterior cervical cage/BDFTscrew constructs far exceeds that of current pedicle screw and anteriorspinal plating technology. Furthermore, these devices have markedlysignificantly decreased risk of misguided screw placement and hencedecreased risk of neurovascular injury, and blood loss. In the cervicaland lumbar spines, intervertebral cage/BDFT screw constructs and facetstaples could be applied modularly in different combinations to achievedifferent degrees of rigidity (flexibility). Furthermore, the posteriorcervical and lumbar staple technology is amenable to short same-dayprocedures performed under local/IV anesthesia with a rapid recoverytime. The lumbar and cervical intervertebral cage/BDFT screw constructsall would have decreased recovery time, and more rapid return to worktime compared to pedicle screw, and plating technology. These deviceswith great probability lead to similar if not equal fusion rates, withsubstantially less morbidity, and hence, overall, make them a majoradvance in the evolution of spinal instrumented technology leading toadvances in the compassionate care of the spinal patient.

The present invention has been described herein in terms of severalpreferred embodiments. However, modifications and additions to theseembodiments will become apparent to those of ordinary skill in the artupon a reading of the foregoing description. It is intended that allsuch modifications and additions comprise a part of the presentinvention to the extent that they fall within the scope of the severalclaims appended hereto.

1. An interarticulating staple for clamping one of a thoracic/lumbarSpinous Process (SP), a thoracic/lumbar Transverse Process (TP), andcervical Spinous Process (SP), the interarticulating staple comprising:a first claw; a second claw; a staple pin pivotally connecting the firstclaw and the second claw; and a ratchet mechanism that limits an openingforce of the first claw with respect to the second claw.
 2. The stapleaccording to claim 1, wherein the ratchet mechanism comprises: a ratchetpin pivotably mounted to the first claw, wherein the second clawincludes a plurality of ratchet teeth, and wherein the ratchet pinincludes a flexure spring engaging the plurality of ratchet teeth. 3.The staple according to claim 1, wherein the ratchet mechanismcomprises: a ratchet pin pivotably mounted to the second claw, whereinthe first claw includes a plurality of ratchet teeth, and wherein theratchet pin includes a flexure spring engaging the plurality of ratchetteeth.
 4. The staple according to claim 1, wherein the first clawincludes a clamping surface and the second claw includes a clampingsurface.
 5. The staple according to claim 1, wherein the first clawincludes a clamping surface having a plurality of ridges, and whereinthe second claw includes a clamping surface having a plurality ofridges.
 6. The staple according to claim 1, wherein the first clawincludes a clamping surface having a plurality of prongs.
 7. The stapleaccording to claim 6, wherein the second claw includes a clampingsurface having a plurality of prongs.
 8. The staple according to claim6, wherein one of the plurality of prongs includes a perforation.
 9. Thestaple according to claim 6, wherein one of the plurality of prongsincludes a plurality of perforations.
 10. The staple according to claim6, wherein each of the plurality of prongs includes a perforation. 11.The staple according to claim 1, wherein the first claw and the secondclaw each include a portion having a staple pin opening, wherein theportion having the staple pin opening of the first claw overlaps theportion having the staple pin opening of the second claw, and whereinthe staple pin engages the staple pin opening of the first claw and thesecond claw to pivotally connect the first claw to the second claw. 12.The staple according to claim 11, wherein the portion having the staplepin opening of each of the first claw and the second claw includes clawteeth, and wherein the claw teeth of the first claw interdigitate withthe claw teeth of the second claw.
 13. The staple according to claim 4,wherein the clamping surface of the first claw opposes the clampingsurface of the second claw.
 14. The staple according to claim 2, whereinthe ratchet pin is pivotably mounted to the first claw by a ratchetbolt.
 15. The staple according to claim 1, wherein the ratchet mechanismcomprises: a ratchet pawl pivotably mounted to the first claw, whereinthe second claw includes a plurality of ratchet teeth, and wherein aportion of the ratchet pawl engages the plurality of ratchet teeth tofix a position of the first claw with respect to the second claw. 16.The staple according to claim 2, wherein the ratchet pawl is pivotablymounted to the first claw by a ratchet bolt.
 17. The staple according toclaim 1, wherein the first claw includes a first clamping surface andthe second claw includes a second clamping surface, wherein the firstclamping surface is opposed to the second clamping surface.
 18. Thestaple according to claim 17, wherein each of the first clamping surfaceand the second clamping surface has a convex surface.
 19. The stapleaccording to claim 17, wherein each of the first clamping surface andthe second clamping surface has a concave surface. 20-48. (canceled) 49.An interarticulating staple for clamping one of a thoracic/lumbarSpinous Process (SP), a thoracic/lumbar Transverse Process (TP), andcervical Spinous Process (SP), the interarticulating staple comprising:a first claw having a first clamping surface and a second claw having asecond clamping surface, wherein the first clamping surface and thesecond clamping surface cooperate to clamp a pair of adjacent spinousprocesses when the first claw and the second claw are in a closedposition; a staple pin pivotally connecting the first claw and thesecond claw; and a ratchet mechanism that limits an opening force of thefirst claw with respect to the second claw.
 50. A method of clamping oneof a thoracic/lumbar Spinous Process (SP), a thoracic/lumbar TransverseProcess (TP), and cervical Spinous Process (SP), the method comprising:positioning an interarticulating staple on a pair of adjacent spinousprocesses, wherein the interarticulating staple comprises: a first clawhaving a first clamping surface and a second claw having a secondclamping surface, wherein the first clamping surface and the secondclamping surface cooperate to clamp the pair of adjacent spinousprocesses when the first claw and the second claw are in a closedposition; a staple pin pivotally connecting the first claw and thesecond claw; and a ratchet mechanism that limits an opening force of thefirst claw with respect to the second claw; and securing theinterarticulating staple to the pair of adjacent spinous processes byclamping the first clamping surface and the second clamping surface tothe pair of adjacent spinous processes.